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Illegal Search, is Evidence Suppressed?

Illegal Search, is Evidence Suppressed?

What many people fail to realize is that all citizens of the United States have a Fourth Amendment right against illegal searches created by the U.S. Constitution, and any evidence that comes from an illegal search may be suppressed at trial. Florida’s constitution in Article I, Section 12, creates state law that mimics and reiterates the U.S. constitution. Evidence can only be suppressed if it is obtained from an illegal search of a person or a person’s property.

So what is an illegal search?

The Fourth Amendment of the U.S. Constitution limits the power of police to make arrests, to search people and their property, and to seize objects and contraband. This amendment forms the cornerstone of search and seizure law.

The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, an the persons or things to be seized.”

The drafters of the amendment wanted to protect us against “unreasonable” searches and seizures by state and federal law enforcement authorities. The question then becomes when is a search reasonable. A search is reasonable when the police have probable cause. Some searches, such as a search of a person’s home, require a warrant. To obtain a warrant a police officer needs enough evidence of probable cause to convince a judge or magistrate to issue a warrant.

When the Fourth Amendment Does Not Protect You

The Fourth Amendment only protects a person when he or she has a “legitimate expectation of privacy” in the place or thing searched. Courts use a two-part test to determine if a person has a legitimate expectation of privacy. The test for privacy is: (1) did the person actually expect some degree of privacy, and; (2) is the person’s expectation objectively reasonable?

Throughout the years the courts have applied this test to a variety of scenarios and the results have been surprising. For instance, a person has an expectation of privacy in a public restroom. If someone put a hidden camera in the bathroom, a court would consider this an unreasonable search of a person.

Lets use another example. Lets say Steve is driving his pickup truck down the highway and is pulled over by a highway patrolman for driving over the speed limit. While talking to the driver, the police officer sees a baggie of marijuana on the passenger seat. In this example, Sam has no reasonable expectation of privacy because the baggie was located in plain view.

In this same example, lets say the highway patrolman stops Sam for speeding and asks him to exit the vehicle. The highway patrolman proceeded to search Sam’s pockets without reasonable cause and found the baggie of marijuana. In this scenario the highway patrolman has violated Sam’s Fourth Amendment right to privacy. A criminal defense attorney can then suppress the evidence of the small baggie of marijuana at trial.

Criminal defense attorney suppresses evidence by filing a motion to suppress evidence. This motion tells the court the evidence that should be suppressed, and the reasons why the evidence should be suppressed.

Should the need for an attorney arise, you should not waste any time before contacting The Law Offices of Richard Della Fera It is important to act fast, so call today at 954.514.9955 for a free consultation or contact us online.for a free consultation.

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2017-01-11T11:40:29+00:00

I wish I could give him more than five stars. Professional, courteous, knowledgeable, and easy to talk to. Highly recommended!

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Richard is a very highly skilled attorney who actually enjoys the practice of law. He is dedicated to his clients and represents them zealously.

2017-01-11T11:46:31+00:00

Richard is a very highly skilled attorney who actually enjoys the practice of law. He is dedicated to his clients and represents them zealously.

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Having a person like Richard on your side gives you the confidence and peace of mind that you have choosen a great professional, meticulous, brilliant, reliable and honest attorney. He is a pleasure to deal with and a gentleman like no other, especially in this area of the law.Thanks Richard I will never forget what you have done to help my buddy.

2017-01-11T11:49:16+00:00

I wanted to help a very good friend resolve an unusual situation that ended up wth him being charged with felony. The best thing I did was refer to Richard Della Fera. After 11 months he had his case dismissed and could return to his real life. Having a person like Richard on your side gives you the confidence and peace of mind that you have choosen a great professional, meticulous, brilliant, reliable and honest attorney. He is a pleasure to deal with and a gentleman like no other, especially in this area of the law.Thanks Richard I will never forget what you have done to help my buddy.

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Rich was extremely helpful and comforting to have on my side. He knows the law and enthusiastically pursues every available defense option. He navigates the legel system well and made it easy for me to understand the process and my case. I am glad he was my lawyer! I highly recommend him.

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RDF helped our family in a very difficult time for us. He is the attorney you want on your side and you can count on: not only highly professional, brilliant and talented, but also supportive, personally committed, caring and affective. he...

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Practice—What is a Deposition?

1. It is a good idea to meet with your lawyer before the deposition to talk about the case and what to expect at the deposition.
_______ True _______ FalseTrue.

2. Depositions aren’t as important as trials.
_______ True _______ FalseFalse. It is just as important as trial testimony and may be used in a trial.

3. A judge will be at the deposition to resolve disputes that may arise during the deposition.
_______ True _______ FalseFalse. The lawyers are responsible for conducting the deposition in a professional manner.

4. You are not under oath.
_______ True _______ FalseFalse. The court reporter will swear you in.

5. Your lawyer can advise you during the deposition.
_______ True _______ FalseFalse. You cannot ask your lawyer for advice before you answer a particular question.

6. You lawyer may make objections during the deposition.
_______ True _______ FalseTrue. However, in most situations you will still have to answer the question.

7. Your lawyer can instruct you not to answer a question.
_______ True _______ FalseTrue.

Your lawyer may do this when he or she has a serious disagreement with the lawyer taking the deposition about whether the lawyer is entitled to know the answer to the question. The most common situation is a question that requires you to divulge private or privileged information. Otherwise, lawyers can ask you pretty much whatever they want.

8. You don’t have to tell the lawyer taking the deposition about things your spouse has said
or done.
_______ True _______ FalseTrue. Conversations you have with your spouse and things you know about your spouse donot have to be disclosed.

9. You can go back and correct/clarify something you said earlier while you are under oath.
_______ True _______ FalseTrue.

Practice GIVING CREDIBLE TESTIMONY

1. It’s a good idea to provide the information the lawyer seems to want to know, even if he or she has not yet asked you a direct question.
_______ True _______ False

False.
Don’t volunteer any information. It’s the lawyer’s job to ask questions that will elicit the information. If he or she doesn’t do it, it’s a lost opportunity. Too bad for the lawyer.

2. It never hurts to elaborate on your answer.
_______ True _______ False

False.
Elaborating on your answer is the same thing as volunteering information. Wait for a specific question instead.

3. If you know about a document that the lawyer taking your testimony hasn’t shown you, you should mention it.
_______ True _______ False

False.
Again, don’t volunteer information.

4. You should reply promptly to the lawyer’s questions.
_______ True _______ False

False.
Do not reply until you have thought over the question. Take your time if you need to.

True.
The objection may force the other lawyer to change the question or to drop the subject. Again, don’t volunteer!

6. If you don’t understand a question, you should ask the lawyer to rephrase it.
_______ True _______ False

True.
Make sure you clearly understand every question.

7. If you don’t remember something, you should just say so.
_______ True _______ False

If you don’t remember, you don’t remember. That’s the truth.

8. You should make a little joke from time to time to break up the tension.
_______ True _______ False

False.
First, your little jokes will be transcribed, without the benefit of your tone of voice, your expression, or your gestures. It will almost surely be misinterpreted or twisted to your disadvantage. Second, the other lawyer probably doesn’t have a keen sense of humor during testimony.Third, the tension in the room is not your problem. Stay on task.

Witnesses are often confronted with difficult questions during testimony.